SMRs and AMRs

Saturday, May 17, 2008

A Victory for Equality and Justice

NYT editorial

The California Supreme Court brought the United States a step closer to fulfilling its ideals of equality and justice with its momentous 4-to-3 ruling upholding the right of same-sex couples to marry.

The battle is far from over, even in California. Opponents of giving gay couples the respect, benefits, obligations and protections that come with marriage are already mobilizing to try to nullify the historic decision through a proposed state constitutional amendment likely to appear on the November ballot. All three presidential candidates oppose same-sex marriage, although the two Democrats at least support recognition of civil unions.

Still, the California verdict was a major victory for civil rights. At issue in the case was a ban on same-sex marriage based on a law enacted in 1977 and a statewide initiative approved by voters in 2000. Both defined marriage as available only to a man and woman.

In striking down the ban for violating state constitutional provisions protecting equality and fundamental rights, the court’s 121-page opinion fittingly drew on a 1948 decision in which California’s high court removed the bar to interracial marriage 19 years before the United States Supreme Court followed suit.

(Continued here.)

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